# Lash v. City of Traverse City

> Michigan Court of Appeals · August 31, 2006 · 271 Mich. App. 207

URL: https://www.frixlaw.com/law-library/cases/9523087

## Case

- **Full name:** Lash v. City of Traverse City
- **Court:** Michigan Court of Appeals
- **Decided:** August 31, 2006
- **Citations:** 271 Mich. App. 207; 720 N.W.2d 760
- **Precedential status:** Published
- **Opinion:** Concurrence by Murphy
- **Judges:** Zahra, Murphy, Neff
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9523087

## Opinion text

MURPHY, J.
(concurring in part). I concur with Judge Neff’s opinion that MCL 15.602 permits a private cause of action, but disagree that the act’s exception for a 20-mile or greater distance requirement under certain circumstances is measured in “road miles.” Rather, I concur with Judge ZAHRA’s view that MCL 15.601 et seq., when read in their entirety using accepted statutory construction guidelines, require that the 20-mile distance referred to in MCL 15.602 be measured in a straight line. Thus, assuming that plaintiff can satisfy the distance standard, I would permit plaintiff to proceed with proofs about what damages, if any, were suffered under the defendant’s residency requirement.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9523087. Public record. Not legal advice.